HomeMy WebLinkAboutReso 21-11 Long Term Encroach Tr 7982RESOLUTION NO. 21 -11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********* ~
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR LANDSCAPE FEATURES WITH TRACT 7982
WHEREAS, a Vesting Tentative Map for Tract 7982 and Site Development Review for
Sorrento East was approved by Planning Commission Resolution 10-09 on March 9th, 2010,
with Conditions of Approval; and
WHEREAS, said Conditions of Approval required the Owner, SR Structured Lot Options I
LLC, a Delaware limited liability company, to construct project-related landscape features within
the public rights-of-ways; and
WHEREAS, said Conditions of Approval required the Owner to enter into an "Agreement
for Long-Term Encroachment" for the maintenance of the landscape features; and
WHEREAS, the Developer has executed and filed with the City of Dublin an Agreement
for Long Term Encroachment for Landscape Features with Tract 7982 attached hereto as
Exhibit A, which will be recorded against the property concurrently with the Tract 7982 final
map.
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City
Council to execute the Agreement.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
transmit said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 1 st day of March, 2011 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti
None
None
None
ATTE :
_ ~
i
City Clerk
/ ~'
~,~,~"`- ~~~ ~ ..
Mayor
Reso No. 21-11, Adopted 3-1-11, Item 4.2 Page 1 of 1
Recording Requested By:
CITY OF DUBLIN
i3 ~~
~
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza ` ,
Dublin, CA 94568
Fee Waived per GC 27383 ~
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 7982 .
THIS AGREEMENT FOR ~LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES
WITH TRACT 7982 ("Agreement") is made between the City of Dublin ("City") and SR
Structured Lot Options I LLC, a Delaware limited liability company ("Owner").
1. Pro e : The subject property is delineated as Parcels 2, 3 and 4 of Tract 7651 as
' filed in Book 303 of Maps at Pages 77-81, Alameda County Records, CiTy of
Dublin, County of Alameda, State of California, subsequently further subdivided as
Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Tract Map 7982, recorded in the Official
Records of Alameda County on , as Document No.
2. Owner: SR Structured Lot Options I LLC, a Delaware limited liability company, is
the developer of Tract 7982 (the "Sorrento East Project").
3. Landscape Features: Owner, as part of developing its Sorrento East Project, will
be constructing project related landscape features within the City's rights of ways on
~ Palermo Way, Lee Thompson Street, Capoterra Way, Grafton Street, Lockhart
Street, Gleason Drive and Central Parkway (collectively, the "Landscape
Features"). The specific location and description of these project related Landscape
Features are shown on Exhibit A attached hereto and incorporated herein by
reference. Construction details for these Landscape Features are shown on the Tract
7982, Sorrento East Backbone Streets, Landscape Plans prepared by R3 Studios and
approved by the City.
4. Encroachment Permit: Owner shall apply to the City for an encroachment pernut
for work to be performed pursuant to this Agreement. The City must grant the
encroachment permit for all work to install, operate and maintain the Landscape
Features and all the conditions imposed by the City must be consistent with the
provisions of this Agreement. If there is a conflict between any provisions of this
Agreement and the encroachment permit, the provisions of this Agreement shall
prevail over the conditions of the encroachment permit.
5. Ownership: Owner shall own all special Landscape Features, including but not
limited to statues, arches, monuments, etc., as provided in Exhibit A.
6. O_perations and Maintenance: Owner shall maintain and repair all the Landscape
Features in a safe manner consistent with the approved plans_to the reasonable _
1 ;EXHI~IT ~
_ ~
To the Resolution
~~ ~ ~~
satisfaction of the City at Owner's sole cost and expense, including electric power and
water cost. Owner will maintain the landscape plantings, irrigation, Landscape
Features structures and decorative pavement within the public right of way. The
frontage landscaping will be maintained by the homeowners' association to be formed
by Owner for the Sorrento East Project ("Homeowners' Association"). The sidewalks
surrounding the Sonento East Project within public right-of-way will be maintained
by the sub-homeowners' association to be formed for the applicable parcel. The
medians in Gleason Drive, Central Parkway and Lockhart Street will be maintained by
the City at City's sole cost. Owner will be responsible at its sole cost to replace or
repair any Landscape Feature, including decorative pavement, damaged or removed
during the maintenance or repair of sewer, water, drainage or utility improvements by
. the City, Dublin San Ramon Service District or utility company, unless such darriage
or removal is caused by the negligence, gross negligence or willful misconducf of the
City, Dublin San Ramon Service District or utility company. The City will maintain at
its sole cost all asphalt concrete pa~ement concrete curb and gutter, drainage
improvements, traffic signs and striping, and streetlights.
7. Removal or Relocation: If future improvements proposed by the City conflict with
any of the Landscape Features, the City may reasonably remove or reasonably
relocate the conflicting Landscape Features at its soie cost. If any of the Landscape
Features are relocated, the City and Owner will execute a modification to this
Agreement to reflect the maintenance and operations of the relocated Landscape
Feature at its new location. Provided, however, that the City is under no obligation
to relocate any of the Landscape Features.
8. Insurance: Owner shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars covering the Landscape
Features and shall name the City as an additional named insured.
9. Indemnification: Owner shall indemnify, defend and hold the City harmless from
and against any and all loss, claims, liability damage or expense or cost the City may
incur or become liable far or for which a claim is made by a third party, due to or
arising.out of Owner's construction, maintenance or operations of the Landscape
Features unless caused by the negligence, gross negligence or willful misconduct of
the City, its agents, contractors or employees.
10. Permanent: The rights and obligations as set forth in this Agreement shall exist in
perpetuity and are appurtenant to the Sorrento East Project.
11: Ri~ht to Assign: Owner may assign any or all rights, interests and obligations of
Owner arising under this Agreement to the Homeowners' Association; provided,
however, that no such assignment of Owner's rights interests and obligations under
this Agreement shall occur without prior written notice to the Ci.ty and approval by
the City Manager, which approval shall not be unreasonably withheld, conditioned
or delayed. .
12. Successors and Assi~ns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to "Owner" in this Agreement shall be deemed to refer to and include
2
1~ ~. - ~
Owner, the Homeowners' Association, and all successors and assigns of Owner, but
only with respect to those portions of the Sorrento East Project owned by such .
successors and assigns.
13. Notices. Any notices, requests, demands or other communications reqtured or
permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given on the date of delivery if delivered personally to the party to
whom notice is to be given (including messenger or recognized delivery or courier
service) or on the secvnd day after mailing, if mailed to the party to whom notice is to
be given; by first-class mail, postage prepaid, and properly addressed as follows:
~ CiTy: City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager
Owner : Jeff Dinkin
Regent Properties
11900 San Vicente Boulevard, #200
Los Angeles, CA 90049
and
Patrick Costanzo
c/o Regent Properties
11.900 San Vicente Boulevard, #200
Los Angeles, CA 90049
14. Exhibits: All exhibits attached to this Agreement are incorporated herein.as though
they were set forth in the body of this Agreement.
15. Partial Invaliditv. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenfarceable, the remainder of the
~ Agreement shall continue in full force and effect and shall in no way be impaired or
invalidated, and the parties agree to substitute for the invalid or unenfozceable
provision a valid and enforceable provision that most closely approximates the intent
and economic effect of the invalid or unenforceable provision.
16. Entire A~reement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot be
amended or modified except by a written agreement, executed by each of the parties
hereto. .
17. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall, for all purposes, be deemed an original and all such counterparts,
taken together, shall constitute one and the same instrument.
1~ f-~
~
Dated this day of _
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By: _
Name:
2011.
DEVELOPER: ~
SR Structured Lot Options I LLC,
a Delaware limited liability company
By: _
Name:
Title:
1590858.1
Title: ~
4
1 `1
SoRRENTo
EAST
~r
LUDLllY
BdXCH
Dublin, California
~
N 0 R T H
(N.T.S.)
)~ `~'~
--,,,_, ~
~ ~ ~;
~
~ ~,
; ~~ ;~
~..
~
,: ,
~ ,~ ~ ~
i :' !i.
i ~'~i.
~
~_._
~ w~ rv~
~I; !~ t
vlc, ~'
~;
~;
, i ~~
i!
i '';
~:
LEGEND
_ 1MPROVEMENTS WITHIN PUBLIC R/W
' TO BE MAINTAiNED BY MASTER HOA
, ~ ENTRY MONUMENT WITHIN PUBLIC R/W
TO BE MAINTAINED 13Y MASTER HOA
NOT~:
SIDEWALKS SURROUNDING THIS
TRACT WITHIN PUBLIC R/W ARE ~
TO BE MAINTAINED BY AD]ACENT ~\
NEIGHBORHOOD HOA. , y
GLEASON DRIVE
' '~F ~! COMMIINITY
~ ~~~
p~ ; RECRLAT~O'
~.'~ f• ~, ~ PEDESTttIAN~ ~R FAC1LlTY
~-•----r.._
LANDSCAPE I
POP-OUTS
>ALONG PARK'S
FRONTAG~TO
BE MA[NTA[NED
DY MAST~R HOA
N EIG li BO RHOOD
rnwc
, ~~~...-- ONG
LANDSCAPE P~P"~U'CS AL
SOUTH SIDT OF SCHOO ~D Y
~ F~ON pOD PARKTO BE
NEIGHBORN Y MASTERHOA
MAINTATNED s , ,
ELEMENTARY
SCIIOOL
,,'/ :• 04
,'~, /i ,'~LO~
: ~ ~P~~~O
_/ / /~~4
;\ S ,
•`\
\\
\~ ~'\
,;,
~.;
;;
~ ,.
- ~ ;~
;,
:~~, ~I
;~j'i
~ ~;
'~ a~
:; h
; ~
:' ~
:: o O
ir~ ~
U~
m
~~
~
~
U ~ ~ ~( ~,
.r,:~ i; .,....~.,..,., ., ,..
~I ` l~y I i
C~r E; ~. i' CAP__~TCRRA WAY _ - O~ ~
~ ~'
i.
~ 51''j .' `J'p ' _
i''.
_ i ~ ' ~ L !, j
h j i`;
fi n i';'~_' F . s
s ;:':p,~.-:i.,r;. . ~'~ c' ` 1.
~ .,_... ~'ili~'~i''~ ~~j• 1\,1
.`c ~ ~ ; ~ ,'7 _
s ~
= i;~ C1~OVAN~r~ O
~ . ~~r~~ i~ IVAy -
A ' • ,
~ '~_ .
~ ~ ~ ,~ ,
~ ......,~ ~~
. ~ • !
a ~_ i i ~
._.., . ~
~ ~
,^, -...`_ ; . .
_ y~i'
, ~~_.. ~~ ~ ;
a ~CNT29LP __.... .-_ ~ __... .,
.:... ' .......-~'/ ~ ~
A~Wqy -,_.__-_.._..._..._._._ -"' ~ ~~~~~H
; yn~~:..a
a _._ ..-• --..__._....
E
~'~O
cR ~wax¢uuc•w,o rwuw.uw wm.enuc
BxHIBIT "A" ~~~'~m~~
, tOx. U IISpp (!}~) }t]-0090
LONG-TERM ENCROACHMENT AGREEMENT p;~,~N,,;~~ ,~;~
SORRENTO EAST - TRACT 7982 ~° N.T.s
, ~ DATELSSUED; Pchwy09,1D11
Recording Requested By:
CITY OF DUBLIN
1~ ~~
~
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383 ~
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 7982
THIS AGREEMENT FOR LONG TERNI ENCROACHMENT FOR LANDSCAPE FEATURES
WITH TRACT 7982 ("Agreement") is made between the City of Dublin ("City") and SR
Structured Lot Options I LLC, a Delaware limited liability company ("Owner").
1. Pro e : The subject property is delineated as Parcels 2, 3 and 4 of Tract 7651 as
filed in Book 303 of Maps at Pages 77-81, Alameda County Records, City of
Dublin, County of Alameda, State of California, subsequently further subdivided as
Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Tract Map 7982, recorded in the Official
Records of Alameda County on , as Document No.
2. Owner: SR Structured Lot Options I LLC, a Delaware limited liability company, is
the developer of Tract 7982 (the "Sorrento East Project").
3. Landscape Featnres: Owner, as part of developing its Sonento East Project, will
be constructing project related landscape features within the City's rights of ways on
Palermo Way, Lee Thompson Street, Capoterra Way, Grafton Street, Lockhart
Street, Gleason Drive and Central Parkway (collectively, the "Landscape
Features"). The specific location and description of these project related Landscape
Features are shown on Exhibit A~attached hereto and incorporated herein~by ~
reference. Construction details for these Landscape Features are shown on the Tract
7982, Sorrento East Backbone Streets, Landscape Plans prepared by R3 Studios and
approved by the City.
4. Encroachment Permit: Owner shall apply to the City for an encroachment permit
for work to be performed pursuant to this Agreement. The City must grant the
encroachment permit for all work to install, operate and maintain the Landscape
Features and all the conditions imposed by the City must be consistent with the
provisions of this Agreement. If there is a conflict between any provisions of this
Agreement and the encroachment permit, the provisions of this Agreement shall
prevail over the conditions of the encroachment permit.
5. Ownershin: Owner shall own all special Landscape Features, including but not
limited to statues, arches, monuments, etc., as provided in Exhibit A.
6. Operations and Maintenance: Owner shall maintain and repair all the Landscape
Features in a safe manner consistent with the approved plans_to the reasonable
l ~EXHI~IT ~,
~
To the Resolution
i~ ~ ~~
satisfaction of the City at Owner's sole cost and expense, including electric power and
water cost. Owner will maintain the landscape plantings, irrigation, Landscape
Features structures and decorative pavement within the public right of way. The
frontage landscaping wi1T be maintained by the homeowners' association to be formed
by Owner for the Sorrento East Project ("Homeowners' Association"). The sidewalks
surrounding the Sorrento East Project within public right-of-way will be maintained
by the sub-homeowners' association to be formed for the applicable parcel. The
medians in Gleason Drive, Central Parkway and Lockhart Street will be maintained by
the City at City's sole cost. Owner will tie responsible at its sole cost to replace or
repair any Landscape Feahue, including decorative pavement, damaged or removed
during the maintenance or repair of sewer, water, drainage or utility improvements by
the City, Dublin San Ramon Service District or utility company, unless such damage
or removal is caused by the negligence, gross negligence or willful misconduct of the
City, Dublin San Ramon Service District or utility company. The City will maintain at
its sole cost all asphalt concrete pavement concrete curb and gutter, drainage
improvements, traffic signs and striping, and streetlights.
7. Removal or Relocation: If future improvements proposed by the City conflict with
• any of the Landscape Features, the City may reasonably remove or reasonably
relocate the conflicting Landscape Features at its sole cost. If any of the Landscape
Features are relocated, the City and Owner will execute a modification to this
Agreement to reflect the maintenance and operations of the relocated Landscape
Feature at its riew location. Provided, however, that the City is under no obligation
to relocate any of the Landscape Features.
8. Insurance: Owner shall obtain and maintain in effect a combined single limit
policy of liability insurance not less.than one million dollars covering the Landscape
Features and shall name the City as an additional named insured.
9. Indemnification: Owner shall indemnify, defend and hold the City harmless.from
and against any and all loss, claims, liability damage or expense or cost the City may
incur or become liable for or for which a claim is made by a third party, due to or
arising out of Owner's construction, maintenance or operations of the Landscape
Features unless caused by the negligence, gross negligence or willful misconduct of
the City, its agents, contractors or employees.
10. Permanent: The rights and obligations as set forth in this Agreement shall exist in
perpetuity and are appurtenant to the Sorrento East Project.
11: Ri~ht to Assi~n: Owner may assign any or all rights, interests and obligations of
Owner arising under this Agreement to the Homeowners' Association; provided,
however, that no such assignment of Owner's rights interests and obligations under
this Agreement shall occur without priar written notice to the City and approval by
the City Manager, which approval shall not be unreasonably withheld, conditioned
or delayed.
12. Successors and Assi~ns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to "Owner" in this Agreement shall be deemed to refer to and include
1~ ~ i~
Owner, the Homeowners' Association, and all successors and assigns of Owner, but
only with respect to those portions of the Sorrento East Project owned by such .
successors and assigns.
13. Notices. Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given on the date of delivery if delivered personally to the party to
-whom notice is to be given (including messenger or recognized delivery _or courier
service) or on the second day after mailing, if mailed to the party to .whom notice is to
be given, by first-class mail, postage prepaid, and properly addressed as follows:
City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833-6651
Attn: City Manager
Owner : Jeff Dinkin
Regent Properties
11900 San Vicente Boulevard, #200
Los Angeles, CA 90049
and
Patrick Costanzo
c/o Regent Properties
11900 San Vicente Boulevard, #200
Los Angeles, CA 90049
14. Exhibits: All exhibits attached to this Agreement are incorporated herein,as though
they were set forth in the body of this Agreement.
15. Partial Invaliditv. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
~ Agreement shall continue in full force and effect and shall in no way be impaired or
invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the intent
and economic effect of the invalid or unenforceable provision.
16. Entire A~reement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot be
amended or modified except by a written agreement, executed by each of the parties
hereto. ~
17. Counterparts_ This Agreement may be executed in one or more counterparts, each
of which shall,. for all p.urposes, be deemed an original and all such~ countezparts,
taken together, sha11 constitute one and the same instrument.
~~ ~ ~
~
Dated this day of
CITY:
THE CITY OF DUBLIN,
a municipal corporation
2011.
DEVELOPER:
SR Structured Lot Options I LLC,
a Delaware limited liability company
By:
Name:
Title:
1590858.1
By:
Name:
Title:
4
SORRENTO
EAST
Ai
~~~Y
Bexce
Dublin, Ca]ifornia
~
N 0 R T H
(N.T.SJ
~ `,', ~~
~,~
==:a.~ ~
!i
'i ,.i
~i'.
i
~ '~ ~~
1 I
t. 1'i
1,"~ i ~
;I .
II i="=~
~~ ,
, M' ~:~
Y,~~
~
~ ,~t., I
~ :~~
~ .~
irii
I '' ~ !
LEGEND
~ IivIl'ROVEMENTS WITHIN PUBLIC R/W
TO BE MAINTAINED DY MASTER HOA
~ ENTRY MONUMENT WITHIN PUBLIC R/W
TO BE MAINTATNED BY MASTER HOA
NOTE:
SIDEWALKS SURROUNDING TH1S °~~~~
TRACT WITHIN PUBLIC R/W t1RE ~
~ TO BE MAINTAINED BY ADJACENT ~ ~''
NE[GHBOREi00D HOA. , ~ ~
f,~, :ij;
. I ~~ ' '' '
~ . :; , . ,.
-'.., ::. ~ : ,
~ L~~ _ --
_- _..-,_'-'
, - - . -'' -''
GLEASON DRN _
~ r, ' ; 1_--~ -
ii~
'i i~!~ . COMMIINITti,
~'~ ~ RECRGATLON
~ ` ~• ~~~ PEDESTRI_ A~N CORRIDO~ ppC1L]TY
. ~-r -..--~-
~~~~
1-
~:
,:
.. A ~.-~.~ . . % i
.,_... ;
~
i.
~ :;` .~,
Y
lVq y~
1 `1 1
~,:1
,
. °~~oq~
,.-`
!,~ ,,;;
~ : I ~:i .
i .;' O4.
~'~i ~ ~
/,%,; ' , ,.Gp
.j ; ~~o
~,
... ',, / . `~.t4'~P~ .
S '
-~ ~'~;.
.~
\\
~`
,'~
\ \,`~
.,,
,, .~
~~ ~`~1.
~ 11 ,~~1
~ ~ ~-- - ~ ;~
r Ln eRMOwnv ; ~~
ONG ;: i;'
LANllSCAPE P~p-OUTS AL ~ ~
SOUTH SID~ OF PALERMO WAY
Iid FRONT OF SCHOOL AI~t~ :~,;;' ,
LANDSCAPE OOD PARKTOBE .,; :,
POP-OUTS MAINTAIT'EV ~Y MASTERN~A /:~
>AL'.ONG PARK'S : ~
FRONTAG~ TO ;% ~
BE MA[NTAINED E~EMENrARY ;:~ y4
[3Y MAST~R HOA sC~ioo~ ,: ~~ q
~
NEIGIIBORHOOD ~ - V
PARK ~
i% m
/ ~
ti
i~
i~ " ...~;h:;,..,., .,.,~
~'yo~ ~~
i.
N ~ i''
-L 1 ';
s~P m ~ '
F~, ; "~•.
a
, ,''~
0
o' . • '~... , ~ -
'
~ ~ '`-~.~ , .. ' . .
~ ` .,..
~~~ .. `.~ ~ . . `
~+ '~--..~ ~ .
n •-\, • ' i~:
w ' ~.
; . ,, , i : : y'- ~
.
. ~.~v
a ... CF~+p29 G P --- : . .... - -- -_. . .
..... ~ L i ... ~
q~WqY _ ..,,,~p
_ \\
--- _.,.,<,r_, ~~,. .
a ,-.-_._ - --...___
:
E
~ R~ ~~~E~~~.,.~~o .~,..~.~o s,~,,.~
` EXHIBIT "A" ~~~~~~~
, rwwrtox. c~ wsee ~az~) sa-ooso
~ LONG-TERM ENCROACHMENT AGREEMENT P~,~~~ ~,;~
~ SORRENTO EAST - TRACT 7982 ~H: N.L3
~ . DATEISSUEp; P~Enmy09,20t1